30 January 2025
The Australian Centre for International Justice (ACIJ) welcomes the policy initiative announced by The Greens this morning on the establishment of an ‘International War Crimes Unit’— a permanent body dedicated to investigating grave international crimes, such as war crimes, crimes against humanity, torture and genocide.
The ACIJ has long advocated for the need for such a unit to address the increasing impunity gap in a world that is concerningly marked by conflict, unrest and grave human rights violations. It is not the sole responsibility of the International Criminal Court (ICC) to investigate and prosecute international crimes. The ICC was founded on the fundamental concept of complementarity, which recognises that States have primary jurisdiction to investigate and prosecute international crimes. Moreover, the ICC operates with constrained resources and its jurisdiction is often restricted, particularly in conflicts where it lacks the authority to investigate or prosecute, thereby enabling perpetrators to evade accountability. Further, international obligations to investigate grave crimes are found in numerous treaties, such as the Geneva Conventions, the Convention Against Torture and the Genocide Convention.
The establishment of a permanent, specialised international crimes unit in Australia therefore represents an important and overdue opportunity to join the broader international community in efforts to meaningfully combat impunity. Australia’s legal frameworks to address international crimes are robust and should be used by a specialist international crimes unit to ensure that Australia does not become a safe haven for war criminals and other perpetrators of grave international crimes.
Executive Director of the Australian Centre for International Justice, Ms Rawan Arraf said:
“Australia has the legal framework to address international crimes but its current institutional capacity is weak. The mishandling of international crimes investigations by generalist units within the Australian Federal Police has been disappointing.
“Less than 12 months ago, credible allegations of torture were made against Fijian Colonel Penioni Naliva, who as part of an agreement with the Fijian military, took a senior role within the Australian Defence Force, without facing any serious investigation or repercussions in response to the allegations against him and was able to remain in Australia. In 2019, the Australian Federal Police failed to act against a retired Sri Lankan General, Jagath Jayasuriya, who had overall command in the Vanni region in the final stages of the war in Sri Lanka, and is credibly accused of serious crimes, including in relation to torture, rape and other forms of sexual violence.
“Permanent, specialised units overseas have had success in holding perpetrators to account. If the Australian government takes its international obligations seriously, it would follow in the footsteps of these overseas jurisdictions by establishing such a unit here. The establishment of a permanent, specialised international crimes unit would finally open up a pathway for survivor communities in Australia to seek redress for atrocity crimes, and for Australia to effectively coordinate with national and international authorities in an effort to close the impunity gap for international crimes.
“For many years, civil society organisations, academics, the media and international crimes experts have called upon the Australian government to take meaningful action with respect to atrocity crimes investigations. It’s time for the Australian government to demonstrate the political will to contribute to ending impunity and catch up with the international community by establishing a permanent, specialised international crimes unit.”
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For media enquiries contact Rawan Arraf on +61(0)450 708 870.
